DAVID C. THOMPSON, P.C.

ATTORNEY AT LAW ^''^/^'/r

321 KITTSON AVENUE P.O. BOX 5235 GRAND FORKS/NORTH DAKOTA 58201 - m F i P H O N E 701^5-7^1^ #XXt7.0.l/775-2^

October 23.2012 Jeff S. Jordan, Esq. Supervisory Attorney Complaints Examination Legal Administration Federal Election Cbmmission 999 E Street, NW Washington, D.C. 20463 Re.: Brad Crabtriee, Candidaite for North Dakota State PMblic Service Commissidher - Federal Electiori Cornmisslon Goraplaint by North Dakota Republican Party Treasurer Robert Harms; MUR 6663

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Dear Mr. Jordan: As documented by the enclosed Statement of Qesignation qf Counsel. I have been retained to represent the following entities and to present the instant response in opposition to the aboverreferenced Federal Election Commission (FEC) complaint dated September 28, 2012. which was made by North Dakota Republican Party Treasurer Robert Harms: 1. North Dakota State Public Service Commission candidate Brad Crabtree;. 2. Crabtree for Public Service Commission; and 3. Perry Miller, Treasurer, Crabtree for Public Sen/ice Commission All three of these entities have been named jointly in the. Hamis complaint, and no separate allegations are made as to any of these entities individually within the text of that complaint. Reduced to the essentials, Harms in his complaint:to the FEC alleges that a iradlb advertisement which was broadcast on various North Dakota radio stations on various dates from August 8, 2012. through September 30,2012, constituted an "electioneering communication" which "does not qualify for the exemption available to state or local candidates " See, thid FEC complaint dated Septemb&r 28, 2012, as made by North Dakota Republican Treasurer Robert Harms, a copy of which being attached hereto as "Exhibit 1"/or/efe/^Dce.^
^ Specifically, the Harms GOP complaint claims that the referenced SOrsecond radio spot supposedly is an "electioneering communication",, and that because Pemocratic state Public Sen/icie Commission candidate Elrad Crabtree and his campaign did not file Federal Election Commission Form 9 [24 Hour

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Material facts which were omitted ih the Harrns GOP coniplaint

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Although the four-paragraph Harms complaint incorporates by reference a transcript ofthe subject 30^second Crabtree for Public Sen/ice Commission radio advertisement Harms declines to inform the FEC in his complaint of any of the factual context of the exclusively stefe North Dakota Public Service Commission campaign within which the Crabtree radio advertisement was aired. Specifically. Harms fails to advise the FEC of the fact that Kevin Cramer is a sitting Republican incumbent {in the rritddle ofa temn) on the three-member North Dakota Public Service Commission - the agency which regulates and adjudicates cases relating to essentially all public utilities in the state - including electric power, telephone, pipeline, grain elevator, among other utilities. From the. outset of the cunrent state Public Service Commission campaign, Democratic candidate Brad Crabtree has made an Issue out of that which Crabtree has termed a "culture of corruption" on the part of Republican incumbent PSC Commissioners Kevin Cramer and Brian Kalk ~ prihcipally because of Cramer's and Kalk's practices of accepting poiiticai campaign contributions from individuals and entities which had - and continue to have - interests in "imminent or pending" administrative proceedings - including adjudicative cases - before the North Dakota PSC. See, e.g., the multiple press releases and news media stories exfendirtg from April 11, 2012, through October 5, 2012, which are posted on the Brad Crabtree for Public Service Commission website - www.Grabtreeforpsc.com [the Individual press statement of this subject can be accessed by "clicking" on the subject heading entitled "Issues", and scrolling down to the subheading "PSC Corruption"] - copies of which hereto and Incorporated herein as referenced as "Exhibit 2". This "culture of corruption" has been a "signature Issue" ofthe Crabtree campaign for state PSC - and it should be emphasized that PSC Commissioner Kevin Cramer has always been identified by Brad Crabtree in his cunrent official capacity as a Commissioner ofthe North Dakota Public Service Commission - never as a candidate for federal office.^
Notice of Disbursements/Obligations of Electioneering Communications] after having exceeded the "$10,000 aggregate disclosure threshold - that Crabtree and his campaign allegedly had violated federal election law. ^ During the course of the current state campaign for North Dakota Public Service Commission, Brad Crabtree has called specific attention to N.D.C.C. : 12.1-12-01(3), which Crabtree has asserted'was' violated by both Repubilcian PSC Commissioners Brian Kalk and KeVin Cramer. Ih making this charge, Crabtree has focused upon these two public officials' actions In accepting political campaign contribution money from Individuals which had interests in "imminent or pending" "administrative prbceeding(s)" before the PSC. This is a Class C Felony criminal statute entitled "Bribery". See, NDCC 12.1-12-0i(1) and NDCC 12:1-12-01(3), a copy of which statuta is attached hereto as "Exhibit 3" for reference. See, aliso, Crabtree for PSC press releases and media stories, copies of which are posted on the Crabtree for PSC website, and are also attached hereto together as "Exhibit 2".

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Significantiy, at notimehas Brad Crabtree or his campaign ever refen^d to Kevin Cramer in hiis capacity or status as a candidate for the federal office of a member of the United States Congress. It is clear that nowhere within the text of the transcript ofthe Crabtree for Public Service Commission radio spot - end novyhere withjh the press releases and media stories relating to corrupt political contribution money-taklrig conduct on the parts of sitting Republiceh PSQ Commlssibhers Kevin Cramer and Brian Kalk - is there any mention or reference by Crabtree to the fact that Cramer is running for Congress. Indeed,, refisrence to PSC incumbent Commissioner Brian Kalk is made along with Cramer in virtually all press releases and media stories in which Cramer is mentioned. See, the materials attached hereto as "Exhibit 2". Cbn^espondingiy, the transcript of the 30-second Crabtree for: Public Service Commissioner radio spot also mentions PSC Commissioner Brian Kalk in the lone sentence in which PSC Commissioner Kevin Cramer is mentioned. To be clear, the campaign theme and important message conveyed by Brad Crabtree as a state office candidate long predated the 60-^day time judicial window referenced in the Hamis GOP complaint

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Brad Crabtree's North Dakota state campaign for Public Service Commission is Itself excluslveiv governed bv North Dakota iaw

It is clear that jurisdiction ofthe Federal Election Campaign Act (FECA) regulates federal elections oniy, and this federai legislation does not suggest that the authority of the Federal Election Commission reaches beyond federal elections and into the realm of state elections - and It is beyond serious question that different statutory and regulatory frameworks govern campaign finance and federal and state elections, See, 2 U.S.C. 453(a). See, a/so, e.g., Em//y's List v. Federai Election Comm/ss/b/j, 669 F. Supp.2d 18,44 (D,C. 2008), revelled on other grounds, 581 F.3d 1 (D.C. Cir. 2009) [the Federal Electiori Campaign Act (FECA) "'regulates federal elections only,and does not suggest that the (Federal Election) Commlssioh'si jurisdiction 'reach(es) beyond federal elections and into the realm of state elections.'"] quoting from Common Cause v. Federal Eliection Commiission, 692 F. Supp. 1391.1395 (D.C. 1987); Federal Election Commission v. Califomia Democraf/c Pa/fy, 2004 U.S. Dist. LEXIS 7269, *2 (E.D. Cal. February 13,2004) ["Different statutory and regulatory frameworks govern campaign finance in federal and state elections."].

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The provisions of 2 U.S.C. J S 431 (2tflfAyill1i. 11 C.F.R. S I00.2l4(bU31l. 2 IJ.S.C. S 441ifflr2V ^ and the FEC nBOulatorv exembtiori of 11 U.IS.C. S ia0.29(cU5)

Not withstanding the foundational legal principal law that the FECA regulates federal elections only, and that FEC jurisdiction does not reach beyond federal elections and into the realm of state elections - It Is evident from appropriate iriterpretation and

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construction of relevant statutory arid regulatory provisions that the actions of state Publics Service Commission candidate Brad Crabtree were not violative of federal election law. Firstly. 2 U.S.C. 431(20)(A)(iii) provides in this "Definitions" statute that the term "Federal election activity" on/y "means... (ill) a public communication that refers tb a cleariy identified candidate for Federal office (regardless of whether a candidate for State or local office is also mentioned or identifiedy ancf that promotes or supports .a candidate for that office, or attacks or opposes a candidate for that fsderal office (regardless of whether the communication expressly advocates a vote for or against a candidate)", (emphasis added). See, a/so> the parallel FEC regulation containing essentially the same language, 11 CFR 100.24(b)(3). It is clear from readihg the transcript of the Crabtree for Public Service Commissibn 30rSecond radio spot, that Brad Crabtree never attacked oi- opposed Kevin Cramer as a federal candidate for the United States House of Represehtatives. Brad Crabtree never hnehtibned the fact that Cramer was running for Congress, and never implied that Cramer was a candidate for/"ecfera/office. Nevertheless - and alternatively. In that which is perhaps the most compelling statuiorv Pixiiirlsiibh ih:retiu.diaiionM^th& o/olsltiibh adoptecl 'bv.the' Harms GOP complaint- 2 U.S.C. 441i(f)(2) entitied "State cahdidate" provides that, "(2) Exception fbr certain commuhibations. Paragraph (1) [relatiilg tb "(a), carididate fbr state and local office... or an agent of such a candidate or Individual"] shall not apply to an individual described In such paragraph If the communication involyed is in connection with an election for such State or locai otfice and nfe^^ to'such individaal or to anv oiher. candidate for ihe Siaite: oriocai office:h<Eild or sought by such lndividuial. 6r b6ih." Cemi!ih&sis added):^ On the basis bf the foregoing Paragraph 3, supra, it is respectfully submitted no further recitation of authority or argument is necessary to justify and warrant immediate dismissal ofthe Hamns GOP complaint against North Dakota Public Service Commission candidate Brad Crabtree, his campaign committee, and campaign treasurer.

^ It must be emphasized that while the provisions of 2 U.S.C. 431 (20)(A)(iil.) are cross-reference in 2 U.S.C. 4411(f)(1) - 2 U.S.C. 43i(20)(A)(lil) decidedly Is AfOTcross-referenced Ih 2:u.3.C. 441 i(f)(2) ~ the latter being an "Exceotlotir under which "Paragraph (1) [relating to "(a) candidate for state and local office... or an agent of such a candidate or Individual"] shall not aoolvtoan Individual described In such paraaraoh If the eommunleation Involved is In connection with an election for such State or local office arid refers onlv t&such.lhdivldual or td 'anv other candidate, for the State br local office held or soudhtbv suth individual, or both." {emphasis added). To the extent that FEC regulation 11 C.F.R 30.0.72 goes "off the ranch", by disregarding the statutory distinction provided b the sfatutorv "Exception" of 2 U,S.C. 4411(f)(2). by Impennlssibly and Improperly Including language taken from 2 U.$,C. 431(20)(A)(iii) ^- language which Is. expressly excepted by 2 U.S.C. 441i(f)(2) from application to a coramuiiication "In connection wiih an election fbr such Stateor local office, and nfers::.6nlV.-.to sach. lndlvlduai'x}r io^^^^ the 'State or Ibcalofflce'heid. or souaht bvsuch Individual, or bath." (embhasls added). It is clear from reading the transcript of the Crabtree for Public Service Comm.lslson 30-second radio spot that this radio advertisement: (1) vyas a comrn.unication "In connection.with, an election fo such State or local officer: which (2) refenred "onlv to such individual or to anv other candidate for the State or loeal office held or souaht bv such individual, or both." (emphasis added).

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However, to the extent that the discussion of an additional exemption relative to 2 U.S.C. 431(20)(A)(iii) is even necessary - given the fact that 2 U.S.C. 441 i (f)(2) excepts that former statute from application to a factual setting such that which exists in the instant case, an additional exemption does apply - alternatively and consecutively - so as to exempt the respondents from culpability as well. Following the passage of the Bipartisan Campaign Reform Act of 2002 [Pub. L. No. 107-155,116 Stat. 81 (2002)] - the FEC promulgated an exemption to the definition of "electioneering communication" exempting communications paid for by candidate for state or local office where the mention of a federal candidate is "merely incidental", thus not being in violation of Section 301 (20)(A)(iil) of FECA. See, the discussion of ' "Electioneering Communications", at 67 Fed. Reg. at 65,198-99, codified at 11 C.F.R. 100.29(c)(5). See, also, McConnell v. Federal Election Commission, 251 F.Supp.2d 176. 592 n.128 (D.D.C. 2003), affimied In part and reversed In part, 540 U.S. 93 (2003). Under this explanation, under the facts attendant to the Brad Crabtree radio spots at issue, any unmentioned connotation or inference, relative to Kevin Cramer's candidacy for federal office as a member of Congress, is. at the very most, a "merely Incidental'' non-mention of a federal candidate - let alone being a "merely incidental" mention of a federal candidate."^
, * The history of the promulgation of 11 C.F.R. 100.29(c)(5) by the FEC In Its proposed new regulations back in 2002^ included the fbllowing explanation published In the Federal Register, 67 Fed. Reg. at 65,198-99 as follows: 11 C.F.R. 100.29(c)(5) Exemption for State and Local Candidates The Commission proposed an exemption in the NPRM that would cover communications by State and local candidates and officeholders that refer to a clearly Identified Federal candidate, provided that mention of a Federal candidate is merely Incidental to the candidacy of one or more Individuals for State or local office. 67 F.R. 51,136. For example, under this approach, an ad for a State or local candidate that featured such candidate's views on education would not have been rendered an electioneering communication if the ad were to indicate whether the candidate supported or opposed the President's education policy. Four commenters thought the Commission's fonnulation of such an exemption was vague, subject to abuse, not supported by BCRA, and therefore beyond the Commissipn's exemption authority. Nonetheless, these same commenters supported an altemative formulation that exempts communications by State or local candidates or State or local political parties that refer to clearly identified Federal candidates, provided the communications do not promote, support, attacl< or oppose a Federal candidate, By using that standard., the commenters believed the exemption would also serve to hannonize the operation of Title I and subtitle A of Title II of BCRA as they apply to State and local parties and their candidates. Title I of BCRA permits State, district, or local party committees, organizations, or their candidates to use non-Fedieral funds for communications that clearly identify a Federal candidate, but do not promote, support, attack, or oppose any Federal candidate. See 2 U.S.C. 431(20)(A)(lli) and 11 C.F.R. 100.24(b)(3) (defining Federal election activity to include only those public communications that promote, support, attack or oppose a clearly identified Federal candidate); 2 U.S.C. 441i(b)(1) and 11 C.F.R. 300.32(a)(1) (association of State office candidates or incumbents required to use Federal funds for Federal election activity);. 2 U.S.C. 441i(b)(1) and 11 C.F.R. 300.32(a)(2) (same for State, district, and local party committees); 2 U.S.C. 4411(f)(1) and 11 C.F.R. 300.71 (State and local candidates 5.

Cleariy, under the attendant factual circumstanqes of the instant case involving Brad Crabtree, a candidate for the siate office of North Dakota Public Service Commissioner - who has made the corrupt - even criminal ^ political campaign money-taking actions ofthe Republican incumbent PSC Commissioners Brian Kelk and Kevin Cramer a legitimate and compelling "signature Issue" of his stete campaign where Crabtree has never mentioned or described Commissioner Cranrier as a candidate for fecfera/office - there cleariy has been no surreptitious scheme of an "attack" upon or "opposition" to the federai office candidacy of Kevin Cramer. Without serious question, the regulatory exemption 11 C.F.R. 100.29(c)(5) must be construed to exempt a legitimate. non<-federal-office-directed statements of state PSC Commission candidate Brad Crabtree - statements which justifiably
Wl O O ^ Wl ^ ^ Q Wl H required to use Federal funds for a communication that does promote, support, attack or oppose a Federal candidate). Therefore, according to these commenters, absent an exemption. If a State, district, or local party committee, organization, or a State or local candidate creates and distributes a radio: or television communication that refers to a clearly Identified Federal candidate, but does not promote, support, attack or oppose any Federal candidate, and Is not otherwise a contribution or expenditure. Title I of BCRA would penrnit the use of non-Federal funds to pay for that communication. However, If the same communication vyere publicly distributed and met the timing and. targeting requirements of subtitle A of Title II, then the communicaition would also be an electioneering communication, so the use of corporate or labor organization funds to pay for It would be prohibited! by subtitle A of Title H. According tp these commenters, this Inconsistent result is contrary to the Intention of Title I in permitting the use of non-Federal funds for these purposes. Additionally, the principal Congressional sponsors argue that "effectively tak[ing] state candidates and parties out of the Title il prohibitions and. reporting requirements . .. is consistent with the purposes of BCRA." The Commission agrees that an exemption for State, and local candidates that Is within the parameters of 2 U.S.C. S 434(fi(3)(B)(M is appropriate In order to harmonize Title I and subtltle A. of Title II of BCRA. Accordingly, the final mles .iricl'ude. an exemption, from the deflniflbh of 'iiiactloneerihg c'ommuhic^^ 2 US.Gi jS'' 431(20)(A)(ill) and that are paid for bv State or local candidates In connection witii an election to Stat^ br'locardffl&e.,SeiB i:li:G.t?iR:t100C29fc)(5). Thus. thl& exenmtidn:c'6ve'rs.ti^ .cdmiffuriicaflbhslbv Statte-a'hd lo'cahcihdidatieiis Wiitydb:n6t:Pfbm'6tiev-^uiiti6H: isiftsfcki. dt OPPOSE hderaiCahdldiStes.'Se'e.rie^^ O.F.R g. 300;72.feye>nDf/ng to reoulrements of Title Iof BCRA. in contrast, however. State and local candidates making public communications that satisfy the description sat forth ih 2 U;S;C. 431(20)(A)(ili) (I.e. public commuhlcatlons by State and .local candidates that promote, support; attack, or oppose Federal candidates), are governed by Title I ef BCRA and not by subtitle A of Title 11 of BCRA. Thus, under 2 U.S.C. 4411(f). 11 C.F.R. 100.5(d), and 11 C.F.R. 300.71. these communications must be paid for with Federal funds meeiting the limits, prQhlt)itloris, and reporting requirements of the Act, Including the contribution ilmlts set forth at 2 U.S.C. . 441a(a)(1)(C) applicable to political committees that'are not the authorized campaign committees of Federal candidates. The reporting obligations of State and local candidates making communications pronioting, supporting, attacking, or opposing federal candidates are governed by a number of provisions depending on the exact nature of the communications and the persons making them. See, e.g., 11 C.F.R. 300,36(a)(associatlons and groups of State and local candidates that are not political committees), 11 C.F.R. 300.36(b)(associatlons and groups of State and local candidates that are polltlcaT committees), 11 C.F.R. 300.71 (individuals who are State or local candidates), and 2 U.S.C. 434(g)(any person who makes an Independent expenditure)." (bold, underlined, italicized emphasis added).

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highlighted the corrupt conduct of incumbent Republican PSC Commissiohers Brian Kalk and Kevin Cramer. Indeed, if Kevin Cramerwere to be. defeated by Democrat Pam Gulleson in the currerit federal campaign for Noriih Dakota's only seat in the United States House of Representatives, assuredly Cramer will continue in his current mid-temn status as one of the three members of the North Dakota Public Service Commission. The absurd construction that the current Hamns GOP confipiaint would place upon Brad Crabtree's exclusively state ofnce-difected statements would never survive First Amendment scrutihy - and it should not be countenanced by the Federal Electibn Commission.^ The foundational position manifested by the Harms GOP Complaint that incumbent PSC Commissioner Kevin Cramer someihow could be permitted to effectively "muzzle" state PSC Commission candidate Brad Crabtree asCrabtree carries but his campaign for state office - merely by virtue of the fact that Cramer fortuitously happens to be sirhultaneously running for the United States Cbcijgress - is an abhorrerit concept which should be conclusively rejected by the F^C in these proceedings. Indeed, the provisions of 2 U.S.C^ 441 i(f)(2) cleariy except these "certain communications" from the operation of 2 U.S.C. 441i(f)(1), as it references 2 U.S.C. 431(20)(A)(iii). On the basis of the foregoing recitation of facts, legal authority, and argument,, it is respectfully submitted that the Harms GOP complaint shbgid be imrnediately dismissed.

PSON, P. C.

David 0i Thoi||^p$i^h DCT/lft **legai research and writing assistance provided by Erik Escarramdn. J.D.

^ See, generally. Citizens United v. Federal Election Commlisston, 558 U.S. 310 (2010): 7

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Exhibit "2

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Christmann Must Disclose His Campaign Contributions. And Explain Them Under North Dakota's .Bribery Law
Post Dote October 0S,.20I2 CommenlsO Cominenls Aulhorbcadniin

CategoryPruss Keleases. PSC Corruplioii

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ASHLEY. N.D.)'lliroughoul the campaign, my opponent Randy Christmann has failed lo grasp even obvious conflicts of interest for a PSC commissioner. I-Ic boasted this week.at a lignite coal, industry forum that he would never join mcin refusing campaign contributions from PSC-regulated interests; Christmann also continues lo serve on'boards of regulated'eniiticsandi in one case, receives significant financial compensation, while openly running for the ofTice that regulates Ihcm. lie told the I'nruo Forunvirt August that, if elected PSC commissioner,, he would resign from thte board of West River Telecom for reasons of time, bul not beciause it would be a major conflict of interest, West River Telecom is regulated by the PSC. This is odd behavior for a candidate who reassuringly cites 'Yollowing the law" as one of the one of the cornersuincs of his campaign. Christmann needs.to explain whether' his commitment to follow the law includes North Dakota's bribery statute (NDCC 12..1.-I.2-0I), which .establishes o.Class G felony for .a public oflicial. whoaccepls a contribulionfroni someone with an interest in an immcdiate-or pchding proceeding that could be afTectied by that'ofilciars decis.ibn. Thousands of North Dakotans have begun early voting, wilh.county auditors arid the Secretary ofState rsporting record ballot 'requests,.lJnfortunately, ybters arc casting those ballots in the Public Service. Comhfiission.race without knowing who has contributed Randy Christmanti's campaign. Under our state's lax election laws, he must only repon his cnntributioris jiisi days before the general, election. By contrast, I hftve voluniarilv reHorted all my contributions in excess of $200 on my campaign website for six months in a row. North Dakota voters cah see whether l-am honoring my pledge not io accept any campaign contributions from interests regulated by the PSC. Commissioners Kevin Cramer and Brian Kalk have mired the PSC in federal lawsuits over tens of thousands, of dollars in campaign contributions they have taken from thevery interests they regulate and whose projects they approve. They arc now stiffing taxpayers with their legal bills and'putting our .state's regulatory, program for coal mining arid reclamationat risk. Given this sony state of affairs, RandyChristmann should immedieitely discl.ose.his campalgri coniributors.duringthiscarly voting period. North Dakol'ans deserve to know now, before they vole, whether Christmann will continue the same corriipt practice of taking money from the veryintcrests he woiild rcgulote on'the PSC It's time for Christmann to show voters that he understands the role and ethical responsibilities.of PSC commissioner by disclosing his campaign contribulions and explaining those contributions in the context of North Dakota's-.bribciy law.

http://vvww.crabtreeforpsc.coni/christmann-must-disciose-his-campaign-contributions-an... 10/23/2012

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Industry donations to ND Public Service Commission widespread Post Date August 17.2012 Comments^) Conyne^it^ Aulhorbcadiiin CateeotyrnThe-News. PSC Corruolion

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By Marino Eccher, INFORUM Published August 17,2012 hltp.//www infortiin.coin/event/articie/id071336/ BISMARCK - NextEre energy needed .approval for a \yind farm. BNI Coal w m s facing penalties fQr erivirqnmental rules. The Arthur Companies needed a licctisc fora grain elevator. All .of Ihein went before Ihe North Dakota Public Service Cnmmiss'ioh tb .slate: their c a ^ i And all ofthcmi Whcther via political action committees orcatiipaign.conlribulions from'cxwuliyes',.Have'|{iveri the commissjoneni'money.'They'rejbined by dozens of other companies, similarly overseen by the commission, that collectivclyhavc funneled leiis of thousands of dollars to commissioners. The conlribulions, which technically arc amalgamated Individual donations, not corporate coffers, are legal. Commissioners say ihe money'does npt affect their work or win the companies undue influence. But the issue of cozy ties between regulatorsand industry has become o flashpoint in this year's commission race, pitting those who say the iiystcm isn't broken against a reform-minded candidate who decries it as corrupt. A review by The Forum of known PSC donations tied to regulated industries s h o w s that the practice - whatever one thinks of it - is indeed extensive A common practice The candidate raising the issue, energy policy consultonl and environmental advocate Brad Crabtree, a Demncnii, has gone hard in particular at two ofthe commissioners on the three-person board: Kevin Crainer and Brian Kalk, who are both Republicans. To assess his claims. The Forum compiled and reviewed all PSC campaignfinancerecords from Cramer,. vvh6 was'first elected in 2004, and Kalk, who was elected in 2008. The Forum also reviewed all records of PSC campaign donations to Crabtnse, his Rcpiiblican opponent Rondy Chri'stmann and Tony Clark, a fortner comriiissioner-who stepped down .this year to ttike a spot on the Federal Energy Regujatory Commission. Those donations records were cross-checked against companies that appeared before the commission whileihe commissioner they gave to was campaigning'or in olTice. Cramer arid Kalk together have collected at least $57,000 in PSC campaigii funds from political action committees and executives pf companies that had cases before the board. About two-thirds of that money went to Cramer. Companies with energy interests, including coal and wind, were among-the biggest contributors. Others included telecommunications fimu, agriculture companies and power companies.

http://www.crabtreeforpsc.com/industry-dbnations-to-nd-public-service-commission-wid... 10/23/2012

Industry donaitidns to ND Public Service Comttiissioiii widespread | Brad Crabtree for Nor... Page 2. iof 4
The commission also oversees pipelines,railipads,auctions, and weights and m.easur^s 'in a variety' of capacities. Ppiiticai contributors in Nforth Dakota are'not required in disclose their cmplpyers uriliesss ihey giveiSS.OOQ. .They are not required t6.dis.cldse their identities at all Unless they give ihore than.S200 - meaning the tally of donations tied to industry is understated, unless none ofthc othcr donors to^either candidote had ties to regulated companies.. There is no upper limit to whal contributors in state races can give. Of Ihe S104,000 Kalk hasrai.sediii PSC campaign contributions large enough lo require disclosure, about 1.7 come from sources he regulates^ For Cramer, who is now running for U.S. Gpngress-, thaifigureis 24 percent of about S l'69.fiO0. in PSC contributipits that...had tp' bc disclosed. Kalk alsoranfor Cotigrcss this.ycar, losirig to Cramer in Ihe primDiy-.- Both men'.also drew contributibns in. thatracefroin a handful'of regulated so.urces..totta!ing'a few thousand dollars.eacli._ Kalk and Cramer were.not'al6njs.in thepraclice. Clark.-the n6w^departedcommissj6ner,.'t6blc aboul.S23,000 from rcgulatixl interests' in.h'is decade .in'office,. Susan Wefald.-a'l'6-yearfo'rincr public/service commissioner, said she set a personal, limit oh.ho.w much money she would accept from:regulated groups'to head oiT iasinualions pf impropriety. "1 didn't want questions about those," she said. She declined to say what the limit was. 0^ ^ 03
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Wefald, a Republican,.declined to comment on the funds faised'by curient cPmmissio'ncrs. Bruce Hagcn, a 39-year former commissioner arid a Democrat, was.inore forthcoming', "I just think it's wrong," he said. "They may still be making pcrfectly.good, soiind decisions. lt*s just not'the wisest thing to have."
A pledge for reform

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Neither Kolk nor Cratricr is up' fbr re-election thLsnfall. Their ternis do not expire until 2014 and 2016, rupeiclively. Crabtree, who ia rutihihg for Ihe seat'vacated by Clark, has.likencd.their-fuiidraisirig'liiclics lo'bribery.'He has vowed (o-seek-reihrms like more-frequent and moie ihbfougH disclosure requirements, and a rule that would require commissioiiers lo rccusc themselves from any'd(ec|sioH inyolving a compaiiy'ticd to a doiiatjon. 'fifthat were the law today," he said. "Kevin Cramer and Brian K'ajk could scarcely function as-public service commissioners.." Crabtree also has pledged not to accept campaign money from regujated interests. Last week, the state .Rcpublicon Party released a list offivenames. it claimed violated.that pledge..Crabtree said oiily oric pitiisented a potential conflict and that:hc would le'lum the money - S2S0Trom a Massachusetts busiiicssirian - if that turned out to be the case, Crabtree alsoranfor the commission in 2010', when he lost to Cramer. In.that race, he accepted' money from all sources, and estimates he has cost himseir520,000 in potential contributions this year by not doitig so agaiti. He said he decided to foregp thbse contributions in this election to be consistent with hisreform.goals. I.t's dinicult Ip say precisely how much money Crabtree took; from rcgiilated companies in-201.0 because he topk .$70,000 - about holf of his fundraising - frorn the state :Dern'ocratic Pany PAC,-which itself draws from a widerange-.6fsources. Me also took about $20^000 that year from other candidates' PACs..He'ha.s:not taken money :fVom the-Democratic Parfy PAC ihis year, though he'did.accept' S7;500 from. U.S. Sen. Kent Conrad's PAC.
Impossible standard?

Crabtree has challenged Christmann, his.opponent in the PSC race, to adhere to the same campaign,finance-standardsCrabtree Ins adopted. Christmann has not agreed to. those terms, saying they're unnecessary arid exclude ma.iiy citizens, Taken to its logicfll concliision, Christmann said, the philosophy would also bar farmers andranchersfrom giving to agricultural commissioner candidates, or teachers from giving to gubernatorial hopefuls.. "I just can't imagine wherc you would ever draw the line," hesaid. "It's a slandard that really-can't-be met." Hc rejcctcd thcnotjpn money buys itifluence. But'if itdpes, hesaijd, thcnCrabtree-who was once a:registered'lpbbyi.st fpr two clean, energy groups - is;equa|ly beholden to the environmentiil groups that back-him.Ahout'40'pcrccnt of the $l9;7p0-in campaign contributions Christmann,has'rcportiNl in this race is liedlb c'oriipanics'the' PSC^tegulates. The biilk has come from the PAC ofthe North Dakota Associalion.pf Telecommunications CoopeTativi;s,'Which'rcpresentii many cbiriponies that appear-Before the PSC. Christmann has also, been a. board nicriibcroFone of those companies, WestRiv'er Telecommunications Cooperative, since 1999. Last'year, he was paid about SI 3.000 for his hoard work, he said! He said he plans to resign ifhe wins the election - not because it would'be a major conflict ofinlercst'but because he doesn't think-he'd luve.time to do both. The company has sought PSC approval for ils dealings on eight separate occasions this year. Along with Cramer, he also sits on the Lignile Research Council, a private-public partnership thai promotes the state's coal industry. The PSC regulates mine permitting and land reclamation; 'A husincas decision' Contributions from coal interests tp .commissioners-prompted a. lawsujt this.ycar from.the Dakota Resibiircc Counciland the local chapter of .the Sierra-Qlub. vAm said the money creatcs-a conflict of interest and askedfederalregulators: to ossui'ne bverisightiof the state. In a .seporate lawsuit, the Dakota Resource Council accused ihecommission of not complying with many aspects of federal.regulatpiy law> Both lawsuits-are pending: Cramer said he expects both to be dismissed.

http://www.crabtreeforpsc.com/industry-donatiQns-to-nd-publiG-service-commission-wid... 10/23/2012

Industry donations to ND Public Service Commission widespread | Brad Craibtree for Nor... Page 3 of 4
He said his campaign donors don'l ask him 'for anything other than "a ikir shake." and hold no sway over his decisions. "How'many times do you know somebody that discloses bribes on the secretary of state's website?" he said. Limiting donations from ceitain-groups, he said, amounts to "putting a cap on somebody else's ireedom." Kalk said contributions he gets-are a-reflcclion of-his values, not a payoff. "If people want to give you money, it's because they- believe iii'you,"'he said', borrowing a line from-Ronald Reapn. Robert Wood, an assocute.professor.or poji'ticai science at the-Uiiiyersity ofNorth D'akota,<said that's what'makes it spdiiTjcult'to'-ineasure ihe effect' of'campaign contributions: It's Hard to say if the value's followed the money br.the moriey followed the values. Mc said a coriipany probably wouldn't use a-CMri'paign contribiition to try-to secure a quid pro 'qiioidecis'ioii- 'anyoiie seeking-tb do so woul'd.likely use more-illicit .channels. But companies do use-coiitributions to improve theiraccess to elected officials, he-saidi "If someone has given you a &t.campaign contribiitjon, you're less likely io ignore .them when you want to.'talk<to-them,*''hc said. Ed Bender, executive director for the National Institute-on Money in State Polities', said ideojogy is less Jiiiportaiit to companies thanfindjng.asympathetic eor wiih a winner. "It's a. business decision, not a political-decision," soid Bender, whose Montana-based group tracks'the influence of campaign money at the state level;

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Regardless of whether'the contributions actually work, he said, "it doesn't look 'good."

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Crabtree Accuses Public Service Commissioners of Bribery | Brad Crabtree for North Da... Page 1 of 3

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Contribute Crabtree Accuses Public Service Commissioners of Bribery

Post Date August 13,2012 CommcntsO-Coinments Authorbcarimin Category In The News. PSC CorruDtioii

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Published August 13,2012, Urand Fories Herald By Stacic Van Dyke, WDAZ An Ashley, North'Dakota man ronning for Public Service Commissioner is accusing-current commissioners Kevin Cramer and Brian Kalk of bribery. At a news confeTe.nce today Brad Crabtree-accused both Kalk.a.nd Cramer of ta.king.ino{e than 80 thousand dollais in political moiiey from interests they, regulate. After calling the contributions 'unethical' and 'pbiiNihly illegal' in an opinion .article published liist Wednesday in the Qrand Forks tlreraldCrablrcc wa's acciis'ed in a counterarticle of doing'thc same thing-during his campaign: Crabtree has denied.tKe-accusations that ariy of his donations could be considered bribery. Thcpublic service commission isfightingio keep its regulatory duties of the state's coal mining industry because of the federal lawsuit claiming Cramer and Kalk accepted improper campaign funds.

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VIEWPOINT: End ^culture of corruption on PSC' | Brad Crabtree for North Dakota Piibli... P a g e 1 of 3 .

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Conlnlutiu VIEWPOINT: End 'culture of corruption on PSC

Post Date August 08.2012 CommeniaO Coniinciits Aulhorbcadinin CatcgoryEdjlori.ils & Qpiiiidns. PSC Cornimiiiii

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Gniui Forks Herald By: Brad Crabtree, Publbhed Augusl-08,2012
ASHLEY. N.D. It's wrong for Public Seryice-'cbm'missiuriers to take political mbney-frpm Ihosc-they regulate. With crieirgy.and agrjciilture bobniing in North Dakota, the Public.Service Commission makes-critical regulatory decisions that aiTect everyone: The stakcs.ore high, and our PSC commissioners must'be beyond reproach. Yet, since 2004.- PSCoommissioncrs Kevin Cramer and Brian Kalk have taken mote than SSO.OCk) in pol.itical money tVom interests they rcgul.alc and whose projects'they approve. These contribulions ate clearly uriethical. They may be illegal. At best, Cramer and Kalk-have, viplated the'spirit pf North bakPta's.bribc'ry statute. Their contributions may also violate the letter of the Iriw and deserve to be investigated, N.D..Ccntuiy Code I2..I-I2-0I stipulates that a Class C felony bribery prosecution requires'that a public ofFiiiial receiving a-contribution merely have knowledge oFa pending or imminent proceeding in which the contribuior has oii -interest, and that the'lnterest-ofthe contributor "could be olTected" by the actions of the oillcial receiving the contribution. Passed in 1973 by a-.Republican-controlled Legislature, the refreshingly clear laiiguagc of North'Dakota'^ bribery law-te.mirids-us ofan eariier era-when ourlegisjators hod higher expectations of public officials than Ihey dn today.: Rather than exploin how their contributions do not break the law, Cramer and-Kalk cry. politics ond shoot the messenger: They dismiss two current' federal lawsuits over their contribulions from coal companies and executives as the political work of environmental activists opposed to coal.: But this is about more, than pneindustry or energy resource. Contributions from coal companies reprewnt just the tip pf ari unethiiml iceberg of regulated nfoneyTrom a. widerangeof industries. For example, Cramer and Kalk have taken thousands of dollars from-wind energy developer, Florida- Power & Light (now known as Next Era Energy). FPL/Next'Era has routinely come before the PSC for y'eara, seeking approval of its commercial wiitd farms and'related infrastructure. In-one especially troubling case, Cramer accepted three contribuliotis in 2010 from FPL/Ncxt Era's-political action committee and executives totaling S4,800 at a time when the company had a pending .wind energy project that Cramer later voted to approve. I siipport-the continued development of both our coal'and wind energy resources using-bcst.technologies and practices^ But whether-someone prefers -tbssil fuels or renewables, or supports the development of both, misses the point: Regulators should not accept checks from interests with-a direct financial stake in-their decisions. This spring, I made a PSC Cominissioner Pledge of .Independence lo refuse any contributions from PAGs and individuals representiiig companies, cooperatives and associations regulated l>y the PSC.

http://www.crabtreeforpsc.com/viewpoint-end-culture-of-comiption-on=-psc/

10/23/2012

VIEWPOINT: End -culture of corruption on PSC | Brad Crabtree for North Dakota Publi... Page2of 3
UhfortunalBly, Cramer and Kalk's record demonstralcs'that..voluntaiy actions are not enough. Asa .PSC commissioner, 1 will work-with legislators, fibm both (lolitical parties to accomplish thc following: Require PSC commissionera to recuse-themselves from cases where they have received a cont.ribution(s) from a regulated patty that has a material interesLin the outcome. Require PSC commissionera-and candidates tb file an additional disclosure form, together with the disclosure report already required of all statewide candidate's.'that details every contribution received from PACs and individuals regulaited by the PSC. liistabiish an additional contribution reponing period beforc early voting, so the-piiblic can-evaluate the integrity-of PSC candidates:bcfore-they cast their-ballotsi These legislative measutes^are urgently needed and will increase transparency and eliininate conflicts ofihterests on thePSG.-^yithout runiiing afoul 'of recent U.S'. SupremeCourt decisions! It's time to.eivl the culluic of comiption o'n the Public Service Commission.

Crabtree of Ashley, N.D., is a.carididate for North.Dakota public service conimissione'r.

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Press Conference Remarks on ND*s Bribery Statute and Recommendations to End Confli... Page 1 df 4

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C o n t n ' b u i t i Press Conference Remarks on ND's Bribery Statute and Recommiehdatipiis to End. Gonflicts of Interest on the Pub.lic Service Commission
Post Date August 02,2012 CommentsO ConimentsAuthorbcadniiii CatcBorvCniri'paiiin Stiitcmenls.. PSCCoci-uhilon

Sharell August 2,20.10 Bismarck ND

Good morning. Thank you fpr joining me. It's wrong for Public Service Commissionera lo take political money from those they regulate.. At ii'ti.me-when'North. Dakota is'in the rnidst ofan unprecedented, oil boom and oiir agricultuisl economy'is growinjg rapidly, the Public SeryiccCpmriiission riiakei critical.regulalbiy decisions'lha't:iiOecta)l.Noit.h'Dakotans. The slakes have never-been-higher, and bur PSC Commissioners and iheregulatoryprocess they-oversee muist-'be beyond teproacH. I've called this prcs's-corifbrcncc because additional steps need lo be taken to address blatant-Hnancial conflicts of interest.on-the PiibjicService Commission. Earlier in the campaign, I announced my Public Service Commissioner Pledge of Independence, refusing tip soljcitpr.accep't any co.ntribuiions from the politicol action committees of companies, cooperatives arid their associations regulated by tlw PSC. as we.ll as ofllceR Aid .executiycii Pf those iristit'utions, I thien called on regulated companies across a widerangeof industries to follow the lead of our statc'-s inves'tbr-owned utilities and voluntarily stop rnaking poiilical contributions to. PSC commissionera and candidates. However, therecordof PSC Commissioners Kevin Cramer and Brian Kalk demonstrates that vpluiita.ry steps are not enough. Since 2004'C.ramer and. Kalk have taken at' least S84,000 in political riioney frpni those they directly regulate on the PSC; They accepted ttiis iripney firat for their PSC campaign accounts arid iKen, startirig in .20 l"l, they began using.lheir electedregulatorypositions as a-platform toraiseover $2Si000 from companies and executivesfortheir partisan campaignsforthe U.S. Congress; Nol-.only arc-these contributions-improper and unethical, ihey may well'be illegal, and even criminal. Cramer ond Kalk's practice of accepting campaign money from PSCreguiateid i.nterests.-has. already embroiled them in itideral liiwsuits pver.contributiqns.they haye taken from. the'Texas'owner pf .a company with an'.npen coal mining.permit applicatiPn befbre th'e.Public Sc:rvice Cbtrimi^ssibn, and for boritribijlions -from other coal-company 'political action committees and.executive's: But, this- is about much more, than federal civil lawsuits by environmental groiips.- I would -like-to direct your-altcntionito North Dakob's'bribciy statutis-passcd by theLegislature in 1973. Let mcreadfor you therelevantstatutory language: Section 12.1-12-01 ofthe North Dakota Century Code. It is simply entitled "Bribery." I. " A person isguilty of bribery, a class C felony, if heknowingly... solid'ts.-accepls. or iigre.es'to .accept from a'nother',.'athing-or value as consideration for 1. The recipient's oHlcial action as a public servant; or 2. The recipient's violation ofa known legal duly asa public servant:" Here's where the law gets interesting:

http://www.crabtreeforpsc.com/press-conference-remarks-on-ndS'-bribery-statute-and-rec... 10/23/2012

Press Conference Remarks on ND*s Bribery Statute and Recommendations to End Confli... Page 2 of 4
3. "A prima facie case is established under this section upon proof that the actor knew that a thing of pecuriioiy value, was.... solicited, accepted, or agreed to be acceptedfittm,a person havlng.an Inleresi in an imminent or pending: a; examination, -investigation, arrest, or judicjal or administrative proceeding.... and that interest could be affected by therecipient'spcrtbrmance.or nonpeifprmahce of his'offiiiial aclipri or violation-o.f his known.legal duty as a;piiblic servant. It's alwaysrefreshingwhen legislators use plain language, and bur North Dakota legislatora back in 1973 clearly had'highcr'expectations of th'eir'public officials than is the norm today in our stale, Now, let mc share just one example where this statute might apply. Since Commissioners Cramer and Kolk have sought to dismiss the current federal lawsuits-as merely the political work of environmental activists opposed to the, devplppment of.coal-based .eriergy,.! willuse the example of wind.ener^. Fpr therecord..I.support the (dbhtinucd deyeloptnent and usi; of'coal with best piractices and new'technologies,-ari'd l.am.also aibrig-standing suppprterprwind energy. That said. I do not believe that oiir Public Service Cbmmissionera-should accept political contributions frotri wind-energy developcn .whose wind fkrms the PSC must site and approve. That stacks the deck-against landowners and localresidentswho depend pn.:the PSC to represent .them in'-cases where wind developers engage in abusiye practices. Let's look at the particular case of our stateis largest wind energy developer, Florida Power-&. bight, now known, as Next Era'Energy. As you can see from this chart, there is a clear and troubling pattern. Commissionera Cromer and Kalk hoveroutinely-acceptedcampaign .contributions-from FPL/Next Era Energy'.s political action committees andlexecutivcs-despile having ongoing cases before the PSC. Ultimately, the Commissionera then mode: wind farm siting decisions 'fovoratile to FPL/hlext Energy. In one instance, Kevin Cramer even accepted $4,800 in FPL contributions at a time when the company had an open cose before the-PSC foropproval. It is worth noting that the North Dakota criminal statute states that a felony bribery prosecution merely requires thcAnoWw^ of a pending or imminent proceeding in which the contributor has on interest and the knowledgeeither the contributor, or the public official receiving the contributionthat ihe decision of the ofRcial receiving the contribution andd be-afliEcted by it. Let me be clear, I -amnotan attomey, nor am I a- prosecutor .or a judge. I leave it to legal, professionals tP .investigate and deterrriine whether actual bribery has occurred under North Dakota la\y. However, here's what l am saying: a plainreadingof the-Noith-Dakota statute makes,clcar that PSC Commissioners Kevin-Cramer ond Brian-.Kalk hove.violated the spirit of state low by toking extensive political contributions fiom those theyregulotc;And'the contributions from FPL/Next Era politieai aclion'committees and executives orejust one example that should be investigated: Regulators operate in arealmwhere even the perception of conflict of.interest motlera greolly. Iliid Cbirimissionen Kevin-Cramerdnd BrionKolk exeroised commo.nsense, ethical judgment in the firal place, they would not hove banned thereputationofthe'Public-Service Comriiisiiibn arid subjected themselv'es'l'o serious questions abuul 'tMeir compliance with stale and federal law. It's now long past time to end this embarrassing spectacle on the PSC. Since PSC Coinmissionera Kevin Cromer and Brian.ICalk are unable tpregulatethemselves, I am making recommendations for legislation that will helprebuildthereputationfbr nonpartisan service and integrity that the Public Service Commission once enjt^ed under Commissionera of both political parties, such as former PSC Commissioners Susan Wefald and Bruce Hagen. Lcgblativc Recommendations to'End Financial Conflicts of Interest on the PSC As an elected PSC Commissioner, I will work with legislatora from both political ponies to craft legislation to end pervasive finoncial conflicts of iiiterest on the PSC and torestorethe public interest. That, legislation will include the following: Require PSC CbMunfen'onerf aiul amdidatestofilean actional ands^arate eam^dgn.dbclasurefdrm with the North Dakota Secretary ofState that details every contribution rec^vedfiom PACs and Individuals.under-ihe regulatory JuHsdtctlon-o/the K C , regardless the level ef contrlhudons. Therequirementshould' encompass regulated companies, cooperatives and'their asspciat'ions-and the princ'ifnls. ofnccra-and executive's of those.institution'^'.- .Reqiiiriiig full, and separate-disclosure ofallregulatedcontributions, in addition to llie general disciosurereportalready required, will-not run afdiilof-roccht United States Siiiircmc Court decisions, and it.w.iH provide votera and the media an easy way to evaluate the integrity arid independence of commissionera and candidates for the PSC. The disciosure requirement will alsohave the useful elTeet of encouraging, commissioners and candidates lo think moiie ciarefuily about the ethical and political implications ofthe contributiohs.ihey. sblicit. Require PSC coHuutsslonerstorecuse themselves from any case In which they haverecelved a eoHtrlbutlon(s)from a regutotedparty that hasa material-Merest Inthe outcome of the proceeding. While Supreme Court decisions on campaignflnancepreventrestrictingPSC commissionera and candidates from accepting campaign contributions from aregulatedparty in advance of a potential conflict, this would protect the public by n.eces.sitaiing a commissioner's recusal in those cases where a contribution has been niade and a conflict df interest arises. Establish an additional rqmrtlrig periodfor PSC commlsstoHers and candidates ln.advance.<tf earfy voting that.occurs 40 days'brfore thegeneralelecddHlti November. Under-current state law (which was implemented before the advent of-eariy -voting), PSC and other statewide candidates musfrepbrt'theircontributions flrai 20 days before Ihe. primary election and then once more 20.day's before the.general electionotter thousarids..pf North Dakotaris h'Sve already vo.ied. this allows cBnd.idates-tp -lime the contributions theyreceiveto avoid media'and' voter scriiti'ny until just days beforethe election and afterincreasing numbera of North Dako&ris have already rnade their choice. If ourclectcd PSC commissionera or their opponents choose to take political liioney from those theyregulate,then-citizens have theright-to-knowbefore.'they start casting their ballots.

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Crabtree Declares that PSC Commissioners Cramer and Kalk have Violated the Spirit o f P a g e 1 of 3

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Crabtree Declares that PSC Conunissioners Cranier and Kalk have Violated the Spirit of ND'sBribery Statute
Post Date August.02.2012 CommentsO Coinmcnts Aulhorbcadmin CateBorvpress Releases. PSC Coffupiion

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Crabtree Declares that PSC Commlssibnen Cramer and KHIIC havje'Violated tlie Spirit of N.D*s Bribery Statute and.Makes.Recommendations for Ending Financia I Conflicitiof -Interest, on the PSC August 2,2012 '(BISMARCK, ND) - ND Piiblic-Service Commissipn carididate Brad Crabtree said today tiiat..PS'C Gpmmissioncts Kevin Cramer and Brian Ka.lk'''s taking over SSOiOOO in politic'al money front companies and executives they regulate.on thie PSC'viblotcs the spirit ofNorth.Dakota's bribery stiiiute.. "Nol only are these contributions improper and uncthiil, they may'well he illcgtil, and cvvn.criminiil," !iaid'CrBbtrc'e::''The North' Dakota bribery 'stalu'le 'slates that a felony bribery prosecution merely requires thol-o public ofTicial or contributor have knowledge of-ia.pendirig-or imminent proceeding in which thc contributor has an intcrcst'.and lhat the decision ofthe official receiving the contribution could.be affected by il," he said. Crabtree cited as an example the troubling pattern of thousands'of dollara in poiilical contribulions from North Dakota's largest, wind eiiergy developer Florida.Power and Light, now known as Next Era Energy. "Commissionera Cramer and Kalk haveroutinejy'iiccepted.campa|gncontributions from'FPL/Next Era Energy's pblitical action commiltees and executives for yeara, despite ongoing cases before the PSC,", observed Crabtree. "In one i.nstance, Cramer even accepted S4,800 in FPL coniributions at a time when the company had an open case before the PSC'for approval." The Public Servioe Commissionreviewsand approves the siting and construction of commercial wind fanris and.as'socia'tcd infrastructure. Noting lhat.Cramer and.Kalk.alreBdy And ihemselvin embroiled in two federal lawsuits over contrib'utitins-they accepted froiri .regulated .coal cbifipanies.and their executi'ves,.'Crabtree emphasizedthatregulatoraoperate in a realm where even the perception of conflict of interest, niattcra greatly. "Had Commissionera Kevin Cramer and Brion.Kajk exercised commonscnse, ethical judgment'in the tiral place, they would .not have, harmed thereputotionofthe Public Scrv.ice Commission and.subjected ihemsclvcs-.to scnbiis questions oBout.their cpmplioiice'with stole arid federal law/' he said.. Stotirig thot voluntary measures oris not-enough to end blatantflnoricidl-contlictsbf ih'lercst.on the PSC, Crabtree committed lo work as on-elected PSC Commissioner with legislatora from both political parties to craft reform legislation with three key components: Require that. PSC commissionera and candidates file a seporate campaign disclosure form with thc-.ND Secretary ofState detailing every contributionreceivedfrom poiilical actipn.committees and individiiols und.er theregiilatoryjurisdiction of Ihc PSQ, regardlie.ss.of'the level of those .contributions; Require that PSC Commissionerarecusethemselves from any cose in which they hove received o contribution(s)-from oregulatedparty that has o moteriol interest in the outcome of the proceeding; snd Estoblish on additional reporting period for PSC Commissioners'ond candidates to disclose.lheir contributions-iri odvonce of early voting that occurs 40 days before the general election in.November, so votera have lhat information before they begin casting their ballots.

http://www.crabtreeforpsc.coih/crabtree-declares-that-psc-commii5sioners-cramer-and-kal... 10/23/2012

Democrat PSC candidate claims bribery law floated | Brad Crabtree for North Dakota Pub... Page 1 of 3

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Democrat PSC candidate claims bribery law flouted Post Date August 02,2012 CommenlsO Gommentii Aulhorbcadmin Category In Tlie'.New.s. PSC Corrunlioii SharelUQn BISMARCK,.N.D. Two Republican public service commissionera are-'flouting the spirit" of North Dokoto's onli-bribcty law by accepting campaign coritributions from industries theyregulate,o'Democratic candidote for the board.cioims:

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10/23/2012

The PSCs Kevin Cramer doesn't see corruption | Brad Crabtree for North Dakota Public... Page 1 of 3

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The PSCs Kevin Cramer doesn't see corruption

Post Date July 27,2012 - CommentsO Cuinmciits Authorbcadmin Categoryl:diturial.i & Oiiinioiis. PSC COITUIMIOH SharelBla

The Fargo-Forum By: Barry, Nelson, Fargo, Published July 27; 2012

Is-it any wonder that'iKopIc arc disillu'sioned'wjth our political jprppess here iri the-U.S.? Whcn,soin.epne .whbils el'ectcd:tb our-regulsfiDtyage'ncy,-the Public Service Cotnmission. boosts of the donati6ri's':h(i. receives frorii-ori industry He is elected to watch,;doa'it-'-inst'ill irust? Is thereia'nyori^<'out there.''ivho con hel.p.biiild bock our trust? The recent'.Forum-article ("Review-shows stole's Rcpublicons benefiting more from oil ond;gas .cbntributionS:lhan';D.eriiocrats,-" July . 1 StK-) shows tho't Public Service. Commissioner .Kevin Cramer jsactiyely sclljiig.h'jinselfi-spmcoiwino-positipn.of i n f l ^ ^ oulr Public Sen/'icc Commission and pur poiitical system'is in reoltrbubic.It's obvious lhat Cramer fails to underetond that the PSC is aregulototyposition, not 0 legislotive.oric. With our state's energy econorfiy booming, this serious misconception has a real impact on landowners, communities and others alTcclcd l>y PSC decisions. .How would you feel ifyou-went hiefore.ajiidgc, only to see-that the other sjde hod just givcn'him a stack of cash? VVould you trust that judge-to be impartial? Of courae not. It's-'time loreformthe PSC to wprk fpr North-.Dakotons,.'.not.oui-of$tBte.special interests, Brod Croblrce has made clear from day one lhat neither he. nor the office of the PSC will be for sale when he is elected in November. Crabtree has-already pledged'fo not lake money from companies and executives with business before the PSC. That soys a lot about the kind of ethical leader he will be for our state. We need to cleon up corruption on the RSC. Crablree:can help turn oround this-political process thot'feeds our disillusionment.-Crabtree. will have rny-vote in November.

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10/23/2012

ND Public Service Commission candidate Crabtree avoiding ponflict of interest donations:... Page 1 of 1

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ND Public Service Commission candidate Crabtree avoiding conflict of interest donations

Fargo, NO. (WDAY TV] - Public Servico Commission candidato Brad Crabtree.is pledging nol lo-solicil or accept any co'ntribulionB from, companias regulated by Ihe North Dakota PSCBy: WDAY Staff Reports. WDAY

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Public Service Commission caitdkJate Brad Crabtree Is pledging not to solidtior acpeptany contributions from companies.regulated by'the North Dakota PSC. Crabtree says accepting contributions ftom ariy IndlvKiual, company, or indusby creates several conflicts of Interest- C.rabbee hopes his opponents will, fbllow his directlpn, as.well as more jcpmpanles. Brad Crabtree - (D) PSC Candidate: "Our commlsstoners however, have crossed the line, and they have lowered the bar so far that steps need to bis taken to restore the reputation of our public service commlsskMi. i have taken this voluntary step:' Crabtree has agreed to keep a kig of all his contributions on his website. He will be posting these contributions orwe a month.
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10/23/2012

Voluntary Code of Conduct for Regulated Companies: No Political Contributions to PSC ... Page 1 of 3

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VoUintcci Contact Us Navigate lo... Contribute Voluntary Code of Conduct for Regulated Companies: No Political Contributions to PSC Cpmniissibners and Candidates Post Date May 02,2012 CommentsO Commenls Authorhcadmin CategotyCampaiun Staiemenis. PSC Cornipiion

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Regulated companies, cooperatives and their associations should follow the example ofNorth Dokota-'s investor<owned electric and natural gas utilities ond voluntarily refuse tn make political contribulions to Public Service Commi^ioners and candidates. A conflict of interest exists when a regulator solicits and accepts poiilical contributions from interests he or she is supposed tb regulate; Unlike legi'siators. Public Service Commissioners arc regulators who must make decisions-based on Ihe law and evklencc. Their decisions determine specific rates charged to consumers and businesses, whether and how particular facilities and projects can be built, and how .certain commercial-activities are uiideriaken, PSC Commissioners musi -bc held to a higher standard than legislators regarding .campaign contributions: even the perception of a .conflict of interest matters. North Dakota's investor-owned elcctric and natural gas utililies'.havc long recognized the obvious conflict of interest in'm'akingfinancial'contributions'to individuals responsible for rcgulaljng them. That's why Xoel Energy, Montana-Dakota Utililies andOtter Tail Power voluntarily and consistently-decline to inake poiilical contributions to.Public Service Commissioners and caiididates. even though'their political action committees (PACs), execiitives aiid'bfficers routinely support candidates for other elected offices, Unfortunately, North Dakota's rules governing campaign contributions to regulators fail to'meet this-reasonablb, commonsense standard set by our state's investor-owned utilities. We should not wail for the legislature or courts to take action to restore independence and integrity to the.l'ublic Service Commission. That's'why I made my own Public Service Coiiimissioncr Pledge of Independetice-Iast month comtnittiiig notto'.lake political contributions, from regulated inteiests, and why I now call on.regulated companies, cooperatives and their associations to adopt their own voluntary code of conduct. The Regulaicd Money Pipeline to Ihe PSC Threatened federal legal action has focused public and media attention on coniributions to PSC Commissioners Kevin Cramer and Brian Kalk from the principal owner ofa company seeking PSC approval of a coal mine permit. However, the Commissioners' conflicts of interest are pervasive and extend well beyond contributions from any one individual, company or industry. A very preliminary accounting of contributions since 2008 lo both Commissioners' PSC campaign accounts from PACs, senior executives, officers and principals representing regulated companies and cooperatives reveals $62,000 in contributions from the following sources: Coal companies; Wind energy developers; Oil and gas companies with pipeline interests; Telecommunications providers; Railroads; and

Generation/transmission and rural electric cooperatives The Need for a Voluntary Code of Conduct

http://www.crabtreeforpsc.com/voluntary-code-of-conduGt-for-rregulated-companies-no-p... 10/23/2012

Voluntary Code of Conduct for Regulated Companies: No Political Contributions to P S C P a g e 2 of 3

The right of individuals representing-componies, cooperatives, labor unions and.olhcr organizations tb engage in the political process and.financiiiUy support candidates of their choice repiesetits a cornerstone of our democracy, ilowever, Ihe scope find scale of recent tmntributions tp connmissioners, whether legal or not, have siained-the .reputation ofthe PSC and undermiticd public oonfideticc in the integrity of its decisions. Mounting public.concem aiid potetitial legal action against commissibners over-political money corrupting the regulatory'process^creele'-serious rcpulotib'nal risk^for honorable companies and individuals. Conflicts of interest also have the potential to create legal aiiil poiiiical undertainty at-:a tirne'when indiisliy niust 'have confidence in regulatory decisions to make majorlong-:term investments in projects and iiifFsstnjctu're.-Ad^)tibn pf'a yolunta.iy code of cpnduct by-regulated companics'.there.fore serwes the infeiesls'of Gompaniesand thepublicolike. An energy bobm-and-expanding agricultural economy have increased the scale.of the PSG's responsibilities, as well as the cotisequences-of.its decisions. The primaiy role of Commissioners is no longer limited to regulating electricity and rioitural gas-rates pf utilities.. Billiotis.wprth of eiiergy and ihfrastiuctute prpjecls now com'e'<beibre the PSC for approval, and large,ra'piidlygrowing sectors of our state's eoonomy are fully or partially iitider the Comrhissloii's.jurisdictibn. Our legislature now needs to update the rules'for poiilical contributions to regiiliitors tb protect .the'public interest as-we grow North Dakota's energy and agricultural economy. Meanwhile, our stale's regulated conipariies and their-.associations can.hclp.'take the first step by heeding-the'example of investor-owned utilities and voluntarily ending their political-contributionsto-PSC commissioners'and candidates.

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10/23/2012

Crabtree Calls on PSC Regulated Entities to End Campaign Contributions | Brad Crabtree... P a g e 1 of 3

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May 2,2012 FAKGO - Public Service C^immission candidate Brad Crabtree is calling on cotnpanies, cooperaHves and associations regulated by the Public Service Commission (PSC) to voluntarily stop making political contributions to PSC commissioners and candidates. Crabtree says that. North Diikota's investor-owned electric and natural gas utilities have long recognized the conflict of interest, .and they refrain from.making political contributions lo Public Service Commissioners or candidates for the ofTice. "The reality, is that a conflict of interest exists when a state regulatorsolicits and accepts political contributions from those he or she is supposed to regulate," said Crabtree, who made his own' campaign pledge of independence from campaign contributions from.'PSC. regujated entities in. April. Unlike legislators, Public Service Commissioners are requiredito make'decisions based on thc lawand.eviijenoe. '"PSC decisions detennine specific rates charged lo consumers and businesses, whether and hpw- particulor facih'tics-and.projecfs can be built, and how certain cbthmerc'ial activities are undertaken," Crabtree said, noting that even the perception of a conflict of intierest matters. Crabtree says that mounting public concem and potential-lisgal action against commissioners over politicaLmoney corrupting ihc regulatory process create serious reputational risk for honorable companies and individuals. Groups have threatened .federal legal actjon relating-to contributioris received by PSC'Comtniss.ioners Keviri Cramer and Brian Kalk from a principal owner of a company seeking PSC approval of a coal mine permit'. Ho.wever, a preliminary acebunting of contributions since 2008 reveals that the two commissioners' conflicts of iiiterest iextcnd.well b^ond'any one individual, company or industry. Political action committees, senior executives, officers and principals representing regulated eom|nies and cooperatives havcmade $62',000''in-eontribution5 to Cramer and Kalk. I'hese include coal companies; wind energy developers; ojl andffacbmpanics with pipeline'interests; telecomhiunications-proviclers;railroads;and generation/transmission'and rural electric cooperatives. Crabtree says that a vol'iiritary-decision by regulated entities lo refraiii-fiom making political contributions to PSC commissioners and candidatcs-.woiild be a 'good first step*', but the state legislature-should also make changes lo the state's'campaignfinancelaws, "Our legislature'now needs to update the rules tor political contributions to regultttora lo protect the public interest as we grow North'Dokola's energy and agricultural economy," Crabtree concluded.

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Candidate for ND Public Service Commission tells utility compames to not give donation... Page 1 of 3

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Candidate for ND Public Service Commission tells utility companies-tp'not. give dpnati'onto PSC canip^gn I'ost Date May 02.2012 CommentsO Comments Aulhorbcadmin Categoryin The News. PSC Corruption

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Grand'Forks HeruU Ity: Assocmletl Preisx, P'ublished May.02, 2012. 1'ARGO Thb Democratic candidate for North Dakota's Public Service Commission says businesses that thecommission regulates shouldn't give-.money to.this year's PSC campaign. Brad Crabtree says he's already promised not to take money from companies that the cbmmission riegulates. Tiiey include electric and gas utilities, coal and wind power companies, pipelines and auctioneers. On Wednesday Crabtree said he was asking companies nol to contribute to commissionracesat all. That would close ofl"campaign money for Republican PSC candidate Randy Christmann. Crabtree says it's a conflici of interest for cotnpanies dial are regulated by the PSC to tnake political donations tq commission candidate. He says: the po.litical action committees of Otter Tail Power C.(>., Mohtatta-Dakota ytilitlesiCo. and Xcel Energy Already refuse to donate to stateregulatory campaigns.

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ND Public Service Commission candidate Crajbtre^ avoiding ponflict of interest donations... Page I of 1

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ND Public Service Commission candidate Crabtree avoiding conflict of interest donations

Fargo, ND (V\/DAY TV) - Public Servica Commission candidate Brad Crabtree ts-'pledging not to solicit or accept any cpnlnbu.tions:froii!:coni|niesreoulated'by'the North Dakola'RSC; By WDAY Staff Reports. WDAY

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Wl HI Public Sarvtae Commission candidate Brad Crabtree Is pledging not to solicit or accept ariy contributloris fronn liompanies regulated.by the-North Dakota PSC. Crabtree says accepting contributtons from any Individual, company, or Industry creates several .conflicts of ihtereat Crabtree tiopes hls opponerita will fbllow his direction, as well as more cornpanles. Brad Crabtree - P ) PSC Candidate: 'Our commissioners.howiver, have crossed, the llne,.8nd they! have lowered the bar so far that steps need .to be t^ken to restorB the reputation of our publle service oommisston, i have taken thls voiuntaty step.' Crabtree has agreed to k^ep atogof all his contributions on his website. He will be posting,these contributtons ones a .month.
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10/23/2012

Crabtree Calls for Campaign Contribution 'Pledge of Independence* | Brad Crabtree for...

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Post Date April 11,2012 CommentsO' Comments Aulhorhctdinin CatenoryPrcss-Releases. PSC Corrupliuii

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BISMARCK - Public Service Gommission candidate-Brad Crabtree is asking his opponent to join him m pommitti.ngto e "Publjc Siirvjcc Gom.missioiier Pledgc'of Independence" - declining to rcttive campaign contributions from political action committees (PACs); executives and.priricipals afliliated with companies and cooperatives regulated by the Public Service Commission-(PSC). "I am formally committing myself to a 'Public Service Commissioner Pledge of Independence' to avoid'conflicts of interest and to restore public confidence snd integrity in the Public Service Commission - and I call on my opponent to do the same," Crabtree said at a press conference today. Campaign disclosure reports from the past few years reveal that PSC commissioners have received tens of thousands of dollara from PACs, executives and principals of wind energy developers, coal companies, oil and. gas companies with pipeline interests, telecommunications providers,railroads,and generation and transmission ond rural electric cooperatives, all of which come-under PSC jurisdiction. In some cases, commissionera havereceivedlarge contributions from parties with open cases before the Commission and-who have a direct stake in the outcome of those cases. "Com.monsense suggests that elected regulators should refuse political coniributioiis' from industries-they regulate. Yiit, North Dakota Public Service Commissibners routinely take monqr from-the very interests'they- arc supposed to regulate on behalfof our citizens," Ciabt'ree said'.In addition to declining contributions from regulated company and cooperative PACs, the Pledge also calls for refusing contribulions from associations whose members come under the PSCs regulatory jurisdiction, and frpm principals, officers and senior executives bf those rc'giilated companies, cooperatives and associations. Crabtree ploris to post contributions to his campaign website on a monthly basis to ottow citizens and itiedja to evaluatc his commitment to the Pledge. He will also abide by the pledge as an elected PSC Commissioner.. Under North Dakota's existing campaignfinance-laws,contributions-from regulated sectors to Public Service Commissioners and Public Service Commission candidates are allowed, with the public reporting deadline for those donations coming just days before the generation election ond aQer many North Ddkotans have already voted 'by absentee or mai l-in ballots. "As regulators. PSC Commissionera must be held to a higher standard than other elected officials regarding sources of campaign contributions and limits on Ihe monetary value of those contributions. The rcason is-clear: in aregul.aloiyproceeding; even the peteepiion of a conflici of interest maltcra," Crabtree concluded.

http://www.crabtreeforpsc.conii/crabtree-calls-for-campaign-contribution^pledge-of-;indep... 10/23/2012

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PMlMt Apr 11. 2012 f f; f 9 COT ! By Dorinel Preskey, Asaistani Newa Director-- email

! Bismarck, ND A Public Service candidate-says getting campaign contributtons from companies or owners resgulated by the state agericy Is unacceptable. Democrat Brad Crabtree says he will reject carnpaign donations from political action committees of companies and cooperatives regulated by the PSC. He says he also wont accept contributions from officers.or executives of regulated cornpanles. Crabtree has signed a pledge and says he will post his contributions monthly on his campaign website. . He says the state, laws regarding campaign cohtributionstor regulators should be tightened, Crabtree.8ays, "As regulators,.PSC Commlssioners must'be held ate higher standard than other elected officials, the reason fbr this is clear, In a regulatoty proceeding, even the perception of a conflict of Interest matters. This legal-form of corruption miist end." Republican Candidate for PSC, Randy- Christmann, says he will continue to fund raise like he always has. f Christmann says he takes coritributions ftom people who support him and hia decisions and never (commits to'do something in return for the

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PSC candidate says he'll refuse industry money | Brad Crabtree for North Dakota Public... Page 1 of 3

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PSC candidate aaya he'll refuse industry money

Post Date April 12, 2012 CommentsO- C'dinmeriti Authorbciidinin Category In The News.- PSC Corruplioii

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Dickinson. Press By Dale. Weizel. I'miedAfx-il 12. 2012
BISMARCK (AP) The Democratic candidate for North Dakota's Public Service Commission said-Wednesday he will refuse campaign donalions'from.companies the Agency regulates, as well as executives who work 'for the businesses themselves. Brad Crabtree said accepting money from-companies and associations whoare'direclly-afEectedby the agency's.dccisio.ns urtdermines. public confidencein its work. "Public servicc'-'commissioners, as regulators, n ^ tp be held to.:a-:Higheir.stB.ndani. than, $ay, a siate'JegislBtor or jsv^ ti state pfficial' who 'i.s elected,"'Crabtree said.. 'Mn the regulatory process. Ihc perception of indep'ehdence. of impartiality, is'ias important as the. reality-.'of.ri:" said Crabtree, who has been critit^l-of the incumbent Republican lio'mmissionc'rs' practice of taking Ciiinpaigh contributions from coihpbinics t h ^ regulate. He said he intends to restrict his own campaign donations even.if his Republican opponent, Hazen slate Sen, Randy Christmann, docs not. Christmann said Wednesday he would not go along with Crabtree's proposaL Supporters' money has not influenced his decisions in the Legislature, and if-would not on-the Public Service Commission, he said. Crabtree's proposal would still allow him to take contribulions he would nbt otherwise accept if they are first-given to the North.Dakota Democratic Party or another nonindustiy group sympathetic to.him, Christmanri said. The restrictions, Christmann said, would bar him from accepting campaign support from "hard-working North Dakotans who believe, as I do, thai-we need to keep our economy moving,.and leave a strong economy for the next generation as well." The Public Service Commission has throe Republican members Chairman Tony Clark and Commissioners Kevin Cramer and Brian Kalk. Cnibtree and Christmann are running to succeed Clarfc, who is.not sccking re-eliwiioiii Cramer and Kalk are competing ibr the Republican noiniiuiti.on to run for the U.S. House this fall. The PSC regulati-electric and natural gas utility rates, makes siting decisions for pipelineSi coal mines, power plants and wind farms, licenses grain elevatots-.ahd auctioneers^ and overisces the reclamation of fomier lignite mines in western-North .Dakojia-'s coal countiy-. Crabtree's statemerit Wednesday comes three weeksafter two environmental organizations,-the iDakota Resources.Counc'il and Ihe Dacptah Chapter ofthe Sierra Cliib, gave notice they intend to sue Kalk arid Cramer .ibr'ullcged conflicts of interest. The groups objectto campaign coritributions the two men have accepted from the owner of Great Nonherh Power Developiricnt of Houston. A company subsidiary' is developing a new coal mine in southwestern North Dakota. Environmental groups and some neighbors ofthe prujcd want fhe commissibn to deny the appl|cation.-A .decision is pending.

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10/23/2012

PSC candidate says he*ll refuse industry money | Briad Crabtree for North Dakota P u b l i c P a g e 2 of 3
Crabtree said he did not put similar restrictions on-his first PSC campaign two years.ago, when lie unsuccessfully opposed Cramer's re-election bid. He said.doing so woujd have caused him to refusc-between'.SS,000 and SI 0,000 in donations. Crabtree raised more lhani $201,000 for his 2010 campaign, .while Cramer reported almost S 173',000 in contributiohs, state disclosure filings showi. Among Crabtree's largest donors were North Dakota's Democratic Patty, which provided':$70,p00 to Crabtree's PSG campaignj andthen-U.S. Sen.- Byron.D'organ, D^N-.D., who .chipped .in S I.O,pipo Yrom:his own .campaign "fund, Crabtree.advertiscd.his-campaign contribution' limits.Wednesday as a "pledge p.fiindeppndeiice,'* wh'ich he:said.'will iricludc m.ondily'repprting-'pf.li'is polltioal dbnatipns on his own website. North Dakota law doiesh't require frequent reporting of carnpaign contributions. Crabtree's self-imposed restrictions would apply to tioiit'ributions from organizations that often favor-Democrats,including rutal.-elcctri'c'cooperative political action: commiltees and executivcs: Tiie rules would also bar him from taking- cannpaign donaiiotis from auctioneers.; whiich the commissibn liceiises. The commission often serves in a judge-like role in ruling on requests- from iiidustri.es the agency regulates, Crabtree said, i^e compared the commissipners* acceptance-of campaign donations from industries they regulate lo judges taking cohtributi6ns;from.piirticipants-in hi!(.owii ciis'es. "Because there's no public policy requiring:our commissioners lo doright,and oiir (m'missioners aiiB:iibt disciplining themselves/' Crabtree said, "we ate seeing a-gradual erosion in the integrity of the Public Service Commission,!'

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PSC CORRUPTION

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EndingiRSC Culture pf Cprruptiun and P.ledgc^to.Refuse'Gontributions.froin iiegulateit Interests. Liiarn Motfe . S.earBh P Search.

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Latest News Criibtrce calls for investiuation into-Bruthter Future Coinmittee Cr.ibtree addresses-lrumiKti-itip FiSC'coiypln'iiil. fflill^-fw Crabtree Responds To ND GQPTcttcr Filed Wilh FEC Clirjsijnyniii^id'uijiiDVsckiM hlijj.Cnni|init'n"-Ciiiij["rilMiii'u"iiii-A'ii'd?i!i^ !Sintciiiciit on:-Konh niittolirfl'R'epeai'<Bfillnni!kiink;ri^i'Aint'iii|!'liij{. News Archives Selecl Month [T

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10/23/2012

Crabtree Calls for Campaign Contribution 'Pledge of Independence' | Brad.Crabtree f o r P a g e 1 of 3

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Navigate to... Coninluile Crabtree Calle for Campaign Contribution 'Pledge of Independence' Post Date April 11..2012 CommentsO Comments Authorbcadmin CategoryPress Releases. PSC Corruption

ShartiaUB
BISMARCK - Public Service Commissioii candidate Brad'Crabtrce is asking his opponent to join him in commitliiig to a "Public Service Commissioner Pledge of Independence" - declining toreceivecampaign contributions from political action cptnmittees-(PACs),'executiycs.an.d principals affiiiated with companies.and cooperatives regulated by the Public Service'Commission (PSC). "I am formally committing myself to a 'Public Service Commissioner Pledge of Independence' to avoid conflicts ofiritcrcstand to restore .public confidence and integrity in Ihc Public Service Commission - and I call on my opponent-to do Ihc same," Crabtree said a't.a press conference today: Campaign disclosurereportsfrom the past few yeanreyealthat PSCcommissioners have received tens of thousands of doljarsfrom PACs, executives .and principalsof wind energy developers, coal -compariies, oil and gas companies -with pipeline interests, telecommunication's providers, railroad's, and generation and trahsinission and rural electric cooperatives, all of which cothe under PSC jurisdiction. In some cases, commissioners have received large contributions from parties with open-cases before the.Commission and who have a direct stake in the outcome of those cases, "Commonsense suggests that electedregulatorss.tipuldrefu.<icpolitical contributions from industries Ihey regulate. Yet, North Dakota Public-Service Commissioners routinely take money-from the very interests they are supposed toregulateon bbhalf of.ou'r citizens," Criibtree said. In addition lo declining contributions-from regulated company-arid cpopcrotive PACs. the Pledge also-calls for refusing contributions frbm.associations whose members come under the PSC'sregulatoryjurisdiction and from principals, ofTlcers and senior executives of-thoseregulatedcompanies, cooperatives and associations. Crabtree plans to post contributions to his campaign website on a monthly basis lo allow citizens and media to evaluatc his coinmitmcnt to the Pledge. He will also abide by the pledge as an elected PSC Commissioner. Under North Dakota's existing campaign finance laws, contributions from regulated sectors to Public Service Commissioners and Public Service Corh'mission candidates are allowed, wiih the publicreportingdeadline for those donations coming jusi days before the generation election and-aAer many North Dakotans have already-voted by absentee or mail-in ballots. "As regulators, PSC Commissioners must be held to a higher standard than other elected officiolsregardingsources of campaign contributions and limits on 'the monetary value of those contributions. The reason- is clear: in aregulatoryproceeding, even'the perception ofa conflict of intiuest matters," Crabtree concluded.

Media Omiaci: Brad Crahiree cniblftiUfuklrlcl.nci f7UI/m-03()2

http://www.crabtreeforpsc.com/crabtree-calls-for-campaign-contribution-pledge-of-indep... 10/23/2012

Crabtree Speaks on Contributions on KFYR-TV North Dakota's NBC NeAys Leader

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YOUR NEWS LEADERBiGmarck, ND,

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KFYR-TV
Crabtree Speaks on Contributions
14/11/2012

NEWS STORIES

' One of the candidates tor PUtMc Servioe Commission aniiouricad that he wll not be aeeapting campaign i contrilxjilohs lhal could bo vlawed as a conflict of Interest: Bred CratHrae seya he's commltHrig to a RSC Pledge Of IrideiiBndarice iMcause ha twHoves Ifs wrong fbr commissioners to accopl monay from groupa Ihat lhay ragulale.

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-'l^st'riionlh Kevin Cramer and Brian K8lk:We'ra accused of. aocapiing.maney llrom fremornelals at thaSouth Heart : Coal Mining Company. . 'Let me be clear.ijust iMcause' something to legal .ahd : Iransparsntly' reported does not make ft right In faci what our ooriimlsslonerB are doing Is'tranaparantly wrong." CratMrae says he'll be:poslihg contributions on his website oil a monlhly basis tbr anyoiie who wants lo holdfilmtb'tiis-piedge. He'siasklng hto.opponem Randy' Christn^ann to do the same, COMMENT ON THIS STQRY FEATURES A N D PROMOTIONS

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TITLE 12.1 CrimM Code CHAPTER 12.M2 Bribeiy UhlawftU Influence of Public S e r v a n t s rsj
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Go to the North Dakola Code Archive Directory N.iX Cent. C o d e ^ 1 2 . 1 1 2 0 1 ( 2 0 1 2 ) 12.1-12-01. Bribery, I.A person is guilty of bribery, a.class Cftlony,ifhe knowingly ofibrs, gives, or a g r e e s ifo giveU) a n o t h e r ^ or solicits, accepts, .or agrees to acceptfrcmi^another, a thing of value as consideration for. a. The recipient^ ofScial action a s a public servant; or b. The .recipients, violation of a . k n o w n legfd d u t ya $ a public servant. 2. It is n od e f i s n s e . to a prosecution uiidor this sectbhttiata. recipieat was. not .qiiiilified t o act in the desired my w h e t h e rb e c a u s eh eh a d not yet a s s u m i e i d ofSkie, or k u i k e d juiisdictibn, br.fbir i a n yb t f a i e r reason. 3. A primafiiciec a s e is established u n d e r this section u p o n proof t h a t the actor k n e wt h a t a thing of pecuniary vahie was offered, given, or a g r e e d to b e given by; or solicitd,,aocepted, or a g r e e d tb be a c c e p t e dfifom,a p e r s o n having an interest I na nu n m u i e n t or pending: a. exaniination, investigatibn, a r r e s t ^ OF judicial or administrative p r o c e e d t o g ; or b. bid, contract, claim, or application/and t h a t iiiterest couldbe afficted by the recipicii's.perfhrmance ornon ofhis ofiRcial a c t r a n or violatioii of his k n o w n legal d u t ya s a public servant HISTORY: SX. 1973, ch. 116, 12. NOTES: CrbSB-RefeMnces. Bribay of school official, see NiD.C^C. 15-49-1 i .: Penalty for class Gfelony,sec N.D.CC. 12.1-32-01.

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FEDERAL ELECTION COMMISSION 999 E Street, NW Washihgtpn. DC 20463

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STATEMENT; OF DSSIGIWTIQN OF COUNSEL ^ ^

Rleasb use- b/iaform f6r eadh^l^esDDndent/Entltvrrfe^^^^^ FAX-f2d2i:2igi-39Sa MUR# 6663 D a v i d . C .. Thpipi^son ..

NAME OF COUNSEL:
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Grand Porks, North Dakota. .5820,6-5235

TELEPHONE- QFFtCE f 7/fVT V.^7c;^r7n.^/p FAX(701) 7 7 5 - 2 5 2 0 The above-nam^d Individual and/oi^firitils horbby dealgdafiad-alEliiny cou Is authorized tb reoeive;any notifloatlpns and other q.btfiniun|oationa ifrip.m tHe bo.mrolsslon a.nd to apion:my beh ^

Date J

Re8poiideht/A9ent -Signature Brad Crabtree

T|tle.(Ti?a8Mref/Cahdldate/0\^

NAMED R E S P O N D E N T : MAILING AbDRESS:: (Please Print) ,

Crabtree for Public Service Commissioner

- P . O . B o x 396.

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TELEPHONE-HOME BUSINESS (701 ) .647-2036

Infbrihatlbn Is beinjS.eo.uohta8 part of an lnvjBatigatljph being oondUpted bytheiFederaij Sebtiph Commission and the oonfldenUalHy provisions of 2 U.i3.Gi^ 4 $ . y ^ ^ ^ ooiiduoted 1^ the Federal Eieotibn Gbmrnisei.^^^ tl\e>expre8s^^^ peiison uiider Investigation t!ley.2O06'

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STATE OF NORTH DAKOTA

5 COUNTY OF GRAND FORKS 6

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Erik A. Escarramsin, being first duly sworn, deposes and says that he is of legal age and is 7 not a party to liie above-referenced matter, that on the 24"- day of October, 2012, he deposited with prepaid postage via mail^ Grand Forks, North Dakota, the following 8 document:

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Response to MUR# 664$3 and Deisignatioii df Goimsel from .Crabtriee for PSC; Brad Crabtree; Perry Milier by placing a true and correct copy thereof in ah envelope addressed to:

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Brad Crabtree PO Box 396 Ellendale, ND 58436'0396 Robert Harms Republican Party PO Box 1917 Bismarck, ND 58502

CrabtreeforPSC PO Box 396 Ellendale, ND 58436-6396 Perry Miller,: Treasurier Crabtree for PSiC POBox 396 Ellendale, ND 58436-0396

14 15 i6 17 18: Erik Av Escarrarhan 19

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Subscribed and sworn to before me this 24^"* day of October, 2012.

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(SEAL)

1 ^ ^ ^ * SANDRA LMAROUARDT Notary Public State of North Dakota . J My Coimmtosion Expires Aug. 23i 2018; 0' m'

Notary Public (/My Gommission Expires:

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